NY Appeals Court Reverses Insurance Amendments Decision

Law360, Chicago (October 17, 2013, 7:41 PM EDT) -- A New York appeals court on Thursday reversed a ruling that the state’s retroactive application of changes to its insurance laws was unconstitutional, but also found that the state had failed to justify the retroactive move in the first place.

In a brief order, the four-judge appeals panel rejected HealthNow New York Inc.’s argument that the retroactive application of the 2010 amendments violated the contracts clause of the U.S. Constitution, upending a lower court’s summary judgment decision in favor of the insurer and against the state....
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